Tuesday,

December 26, 2006

Part IV

Department of Labor
Delegation of Authority and Assignment
of Responsibilities for International
Affairs; Notice
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 77560 Federal Register / Vol. 71, No. 247 / Tuesday, December 26, 2006 / Notices
DEPARTMENT OF LABOR
Office of the Secretary
[Secretary’s Order 18–2006]
Delegation of Authority and
Assignment of Responsibilities for
International Affairs
1. Purpose. To delegate authority and
assign responsibilities to the Deputy
Undersecretary for International Affairs.
2. Authority and Directives Affected.
This Order is issued pursuant to 5
U.S.C. 301; 5 U.S.C. 551 et seq.; and
Reorganization Plan No. 6 of 1950 (5
U.S.C. Appendix 1); additional
authorities are listed in Paragraph 4 of
this Order. This Order supersedes
Secretary’s Order 01–95.
3. Background. This Order delegates
authority and assigns responsibilities to
the Deputy Undersecretary for
International Affairs for carrying out
international responsibilities of the
Secretary of Labor. The Order delegates
authority and assigns responsibilities
under statutes, regulations, executive
orders, interagency memoranda and
agreements. This Order is being issued
in order to delegate additional
responsibilities granted to the Secretary
of Labor since issuance of Secretary’s
Order 01–95.
4. Delegation of Authority and
Assignment of Responsibilities to the
Deputy Undersecretary for International
Affairs.
A. The Deputy Undersecretary for
International Affairs is delegated
authority for carrying out
responsibilities vested in the Secretary
of Labor for international activities
except for those functions specifically
reserved to the Secretary by statute or
Executive Order. The Deputy
Undersecretary for International Affairs
carries out the Secretary’s international
responsibilities as provided for in this
Order through the Bureau of
International Labor Affairs (ILAB) and
various Department of Labor agencies.
In exercising these responsibilities, the
Deputy Undersecretary shall provide
oversight and serve as the coordinator of
the Department’s international activities
and will consult with affected
Departmental agencies and other U.S.
Government agencies as appropriate.
The authority delegated and
responsibilities assigned to the Deputy
Undersecretary for International Affairs
cover the following functions:
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(1) Supervising ILAB, and providing
coordination, oversight, and foreign
policy guidance for the international
programs and activities of the other
agencies of the Department of Labor.
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(2) Developing Departmental policy
and programs relating to international
labor activities, and serving as the
coordinator for all of the Department’s
international activities involving other
U.S. Government agencies,
intergovernmental organizations, and
nongovernmental organizations.
(3) Coordinating all Department
representations to international
meetings and maintaining appropriate
records of these meetings.
(4) Obtaining necessary White House
and Department of State clearances, and
approving and monitoring all foreign
travel by Department employees,
excluding the Office of the Inspector
General.
(5) Coordinating relations between the
Secretary of Labor and representative
organizations of workers and employers
on all international issues and between
the Secretary of Labor and international
or foreign trade union and employer
institutions.
(6) Under the Trade Expansion Act of
1962, the Trade Act of 1974, the Trade
Agreements Act of 1979, the Omnibus
Trade and Competitiveness Act of 1988,
the North American Free Trade
Agreement Implementation Act of 1993,
the Trade Act of 2000, and the Trade
Act of 2002; Executive Orders 11846, 40
FR 14291 (1975), as amended, reprinted
in 19 U.S.C. 2111 note, 12188, 45 FR
989 (1980), as amended, reprinted in 19
U.S.C. 2171 note, and 13277, 67 FR
70305 (2002), as amended, reprinted in
19 U.S.C. 3801; and Reorganization Plan
No. 3 of 1979, 44 FR 69273 (1979), as
amended, reprinted in 19 U.S.C. 2171
note:
a. Participating in the negotiation of,
advising the Secretary on, and providing
information sought from the Department
concerning prospective trade
agreements (Section 132 of the Trade
Act of 1974, as codified at 19 U.S.C.
2152 and Executive Order 12188);
b. Advising the Secretary on policy
issues related to the administration of
the Trade Agreements Program
(Executive Order 11846);
c. Organizing, jointly with the Office
of the U.S. Trade Representative, and
administering the Labor Advisory
Committee for Trade Negotiations and
Trade Policy, in order that
representatives of U.S. labor may
provide advice on matters relating to the
negotiation and operation of trade
agreements, and on the development,
implementation, and administration of
U.S. trade policy (§ 135 of the Trade Act
of 1974, as codified at 19 U.S.C. 2155(c),
and Executive Order 11846);
d. Reviewing and reporting to
Congress on the extent to which
beneficiary countries under the
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Generalized System of Preferences
(GSP) implement their international
commitments to eliminate the worst
forms of child labor (section 412 of the
Trade Act of 2000, as codified at 19
U.S.C. 2464);
e. Reviewing and reporting to
Congress on the impact of future free
trade agreements on U.S. employment,
including labor markets, and making
those findings available to the public
(section 2102 of the Trade Act of 2002,
as codified at 19 U.S.C. 3802 and
Executive Order 13277);
f. Consulting with any country
seeking a trade agreement with the
United States concerning that country’s
labor laws and providing technical
assistance to that country if needed, in
consultation with the Secretary of State
(section 2102 of the Trade Act of 2002,
as codified at 19 U.S.C. 3802 and
Executive Order 13277);
g. Preparing and submitting to
Congress, in consultation with the
Secretary of State and the U.S. Trade
Representative, a meaningful labor
rights report of the country or countries
with respect to which the President is
negotiating a free trade agreement
(section 2102 of the Trade Act of 2002,
as codified at 19 U.S.C. 3802 and
Executive Order 13277);
h. Preparing and submitting to
Congress, in consultation with the
Secretary of State and the U.S. Trade
Representative, a report with respect to
any trade agreement that the President
seeks to implement under trade
authorities procedures, describing the
extent to which a country or countries
that are parties to the agreement, have
in effect laws governing exploitative
child labor (section 2102 of the Trade
Act of 2002, as codified at 19 U.S.C.
3802 and Executive Order 13277);
i. Consulting with the Department of
Homeland Security and the Department
of State concerning regulations
governing the admission of non-
immigrant professionals under the
North American Free Trade Agreement
(section 341 of the North American Free
Trade Agreement Implementation Act,
as codified at 8 U.S.C. 1184);
j. Serving as the Secretary’s designee
on the Interagency Trade Data Advisory
Committee (section 5402 of the
Omnibus Trade and Competitiveness
Act of 1988, as codified at 15 U.S.C.
4902);
k. Assisting in interagency
administration of GSP (Executive Order
11846);
l. Assisting in matters pertaining to
the Secretary’s membership on the
interagency Trade Policy Committee
and the Trade Negotiating Committee
(section 242 of the Trade Expansion Act
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 Federal Register / Vol. 71, No. 247 / Tuesday, December 26, 2006 / Notices
of 1962, as codified at 19 U.S.C.
1872(a)(3), and Executive Orders 11846
and 12188);
m. Providing information and advice
sought from the Department and
consulting with the Secretary of
Commerce in investigations to
determine the effects on national
security of imports of articles (section
232 of the Trade Expansion Act of 1962,
as codified at 19 U.S.C. 1862); and
n. Participating in appropriate
consultations between the Secretary and
the U.S. Trade Representative
concerning enforcement of U.S. rights
under trade agreements and responses
to certain foreign trade practices
(section 301 of the Trade Act of 1974,
as codified at 19 U.S.C. 2411 (c)(2)(C)).
(7) Preparing and publishing in the
Federal Register a list of products,
identified by their country of origin,
which the Departments of Labor, State,
and Treasury have a reasonable basis to
believe might have been mined,
produced, or manufactured by forced or
indentured child labor (Executive Order
13126, 64 FR 32383 (1999), reprinted in
41 U.S.C. 35 note).
(8) Participating in formulating
international economic, trade,
investment, and monetary policy in
connection with the Secretary’s
membership on the National Economic
Council (Executive Order 12835, 58 FR
6189 (1993), reprinted in 15 U.S.C. 1023
note).
(9) Serving as the Secretary’s
representative on the Tourism Policy
Council when the Assistant Secretary
for Policy is unable participate. (section
301 of the International Travel Act of
1961, as codified at 22 U.S.C. 2124).
(10) Assisting the Secretary of
Homeland Security in the preparation of
immigration reports, including the
Triennial Comprehensive Report on
Immigration (8 U.S.C. 1364), the Reports
on Unauthorized Alien Employment (8
U.S.C. 1324a note), and the Reports on
Legalization Program (8 U.S.C. 1255a
note) under the Immigration Technical
Corrections Act of 1991 and the
Immigration Reform and Control Act of
1986 (8 U.S.C. 1101 et seq.) (Executive
Order 12789, 57 FR 5225 (1992),
reprinted in 8 U.S.C. 1364 note).
(11) Consulting with the Department
of Homeland Security and the
Department of State concerning the
admission of non-immigrant
professionals under the U.S.-Chile Free
Trade Agreement, the U.S.-Singapore
Free Trade Agreement, and the General
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Agreement on Trade in Services
(GATS).
(12) Assisting in the coordination of
information on immigration and
migration policy within the Department
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and coordinating the Department’s
participation in international forums on
discussions of migration and
immigration.
(13) Participating in the interagency
administration of the GSP (19 U.S.C.
2461 et seq.), the Caribbean Basin
Economic Recovery Act of 1983
(CBERA) (19 U.S.C 2701 et seq.), the
Andean Trade Preference Act (ATPA)
(19 U.S.C. 3201 et seq.), the Overseas
Private Investment Corporation (OPIC)
(22 U.S.C. 2191 et seq.), and the African
Growth and Opportunity Act (19 U.S.C.
3701 et seq.), including:
a. Assisting in providing interagency
information on the extent to which trade
preference beneficiary countries
recognize and enforce internationally
recognized worker rights;
b. Conducting a continuing review
and analysis on the impact that the
implementation of the ATPA has with
respect to U.S. labor, and preparing
annual reports to Congress on such
review and analysis; and
c. Assisting the Department’s
representative on the Board of OPIC.
(14) Coordinating the Secretary’s
participation on the Trade Promotion
Coordinating Committee (TPCC) and
representing the Department on TPCC
working groups under section 201 of the
Export Enhancement Act of 1992, as
codified at 15 U.S.C. 4727, and
Executive Order 12870, 58 FR 51753
(1993), reprinted in 15 U.S.C. 4727 note.
(15) Under the North American
Agreement on Labor Cooperation and
the labor provisions of free trade
agreements to which the United States
is or may become a party, including
implementing legislation thereof:
a. Coordinating and providing support
for the Secretary’s membership on the
Council governing the Commission for
Labor Cooperation and its activities,
including those related to cooperative
consultations and evaluations and
dispute settlement;
b. Administering and managing the
responsibilities of the Office of Trade
and Labor Affairs;
c. Coordinating multinational labor
cooperation activities;
d. Participating in meetings, working
groups, task forces, and other
multinational bodies; and
e. Assisting in the preparation of
reports.
(16) Serving as the Secretary’s liaison
with the members of the Trade Policy
Committee.
(17) Carrying out activities under
section 309 of the Defense Production
Act, as amended, as codified at 50 App.
U.S.C. 2099, and Executive Order
10480, 18 FR 4939 (1953), including
assisting in the preparation of the
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annual report on offsets in military
export sales.
(18) Representing the Secretary in the
interagency team established under
section 7 of the Defense Production Act
Reauthorization of 2003, as codified at
50 App. U.S.C. 2099 note.
(19) Carrying out activities under
section 204 of the Agricultural Act of
1956, as amended, as codified at 7
U.S.C. 1854, including representing the
Department on the Committee for the
Implementation of Textile Agreements
(Executive Order 11651, 37 FR 4699
(1972), as amended, reprinted in 7
U.S.C. 1854 note).
(20) Under the Foreign Service Act of
1980, as amended, 22 U.S.C. 3901 et
seq.:
a. Serving as the Department’s
representative on the Board of the
Foreign Service (22 U.S.C. § 3930 and
Executive Order 12293, 46 FR 13969
(1981), as amended, reprinted in 22
U.S.C. 3901 note);
b. Directing the Foreign Service
functions of the Department;
c. Participating in formulating
management policies related to the
administration and personnel
management of the Foreign Service of
the United States; and
d. Collaborating with the Department
of State in the management of the U.S.
Labor Attaché Program.
(21) Providing international technical
assistance, direct cultural exchange
activities, and other services and
information as authorized by Congress
in ILAB appropriations language and
through relationships with the
Department of State, the U.S. Agency for
International Development, the U.S.
Information Agency, and other
organizations under the United States
Information and Educational Exchange
Act of 1948, as amended, 22 U.S.C. 1431
et seq.; the Foreign Assistance Act of
1961, as amended, 22 U.S.C. 2151 et
seq.; the Mutual Educational and
Cultural Exchange Act of 1961, 22
U.S.C. 2451 et seq.; the March 19, 1965,
General Agreement between the
Department of Labor and the U.S.
Agency for International Development;
and the Secretary’s Memorandum of
February 10, 1978, on International
Technical Assistance;
(22) Administering international
technical assistance grants, including
child labor grants, as authorized in
paragraph 4.A(21) above.
(23) Participating in development
assistance policy formulation by
representing the Department on the
Development Coordination Committee
(22 U.S.C. 2399c and Executive Order
12163, 44 FR 56673 (1979), as amended,
reprinted in 22 U.S.C. 2381 note).
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(24) As required by the People’s
Republic of China Trade Relations Act,
as codified at 22 U.S.C. 6901 et seq.
a. Providing support to the
Department’s representative on the
Congressional-Executive Commission
on the People’s Republic of China (22
U.S.C. 6913);
b. Establishing a program to conduct
rule of law training and technical
assistance related to the protection of
internationally recognized worker rights
in the People’s Republic of China (22
U.S.C. 6981).
(25) As required by Joint Resolution
131 of June 1934, as codified at 22
U.S.C. 271, Executive Order 12216, 45
FR 41619 (1980) and Executive Order
13385, 70 FR 57989 (2005), as amended,
reprinted in 22 U.S.C. 271 note:
a. Providing advice and staff work
required by the Secretary as Chairman
of the President’s Committee on the
International Labor Organization (ILO);
b. Providing for U.S. Government
representation and development of
substantive policies for U.S.
participation in the ILO.
(26) Coordinating and directing
participation of the Department in
activities of the United Nations and
other international organizations.
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(27) Providing for U.S. government
representation and developing
substantive positions for U.S.
participation in the Organization for
Economic Cooperation and
Development’s Employment, Labor and
Social Affairs Committee and its
subsidiary bodies.
(28) Participating in the Department
of Labor-European Union Working
Group on Employment and Labor-
related issues under the Memorandum
of Understanding signed by the
Secretary and the European Union
Commissioner for Social Affairs on May
2, 1996.
(29) Supporting the Secretary’s
participation in the President’s
Interagency Task Force to Monitor and
Combat Trafficking in Persons and
participating, as appropriate, as the
Secretary’s representative at the Senior
Policy Operating Group (§ 105 of the
Trafficking Victims Protection Act of
2000, as amended, and codified at 22
U.S.C. 7103 and Executive Order 13257,
67 FR 7259 (2002), reprinted in 22
U.S.C. 7103).
(30) As directed by the Secretary,
carrying out such other responsibilities
that may be assigned from time-to-time
to the Secretary or the Department
under other Federal acts, executive
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orders, interagency memoranda, or
otherwise, which are similar to those
listed under paragraphs (1) through (29)
of this section.
B. Department of Labor Agency Heads
are responsible for providing technical
resources and staff to carry out the
Department’s international program
objectives, including participation in
intra and interagency committees,
overseas diagnostic and technical
missions, and international conferences
and meetings.
C. The Solicitor of Labor has
responsibility for providing legal advice
and assistance to all officers of the
Department relating to international
affairs and functions described in
section 4 of this Order.
5. Redelegation of Authority. The
authority delegated and responsibilities
assigned to the Deputy Undersecretary
for International Affairs by this Order
may be further redelegated.
6. Effective Date. This Order is
effective immediately.
Dated: December 19, 2006.
Elaine L. Chao,
Secretary of Labor.
[FR Doc. 06–9855 Filed 12–22–06; 8:45 am]
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